New legislative instrument – Agricultural and Veterinary Chemicals Code (Allowable Variation in Concentrations of Constituents in Agricultural Chemical Products) Standard 2022

2022-08-23

The Agricultural and Veterinary Chemicals Code (Allowable Variation in Concentrations of Constituents in Agricultural Chemical Products) Standard 2022is a new legislative instrument made on 9 August 2022 under section 6E of the Agvet Code. The instrument commenced on 16 August 2022, the day after it was registered on the Federal Register of Legislation.

As required by regulation 8AF(1) of the Agricultural and Veterinary Chemicals Code Regulations (the Regulations), the proposal to establish the new standard was released for public consultation on the Australian Pesticides and Veterinary Medicines Authority (APVMA) websiteand in the APVMA Gazetteon 3 May 2022. Comments received in response to the public consultation were generally supportive of the new standard and were published on the APVMA website. Some minor changes from the draft standard were made in response to the comments.

Under regulation 8AF(4) of the Regulations, the APVMA must publish a notice in the APVMA Gazette and on its website when it makes a standard under section 6E of the Code, stating that the standard has been made. This notice was published in the APVMA Gazette, 23 August 2022.

Under recent changes made to the Agvet Code, section 5AA states that concentrations of constituents in registered chemical products must not differ from the concentrations entered into the Register at the time of product registration by more than the extent prescribed by the Regulations (the prescribed extent).

Regulation 41(2) of the Regulations states that the prescribed extent is the extent permitted by the standards prescribed by Regulation 42.

In turn, Regulation 42(3) specifies the standard prescribed for a chemical product as being the standard published in any of a ‘cascade’ of publications, with a publication higher in the cascade taking precedence over one lower down. The publications are, in order, a standard specified in an Order made under section 7 of the Agricultural and Veterinary Chemicals Code Act 1994 (of which there are none currently), a standard made under section 6E of the Code (as has been done), a standard published for a listed chemical product, a monograph in the British, European or US Pharmacopoeia, or a specification published by the Food and Agriculture Organization (FAO) and/or the World Health Organisation (WHO).

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APVMA, 23-08-22
; https://apvma.gov.au/